April 12, 2000    Saratoga, California  Since 1955

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    Firefighters are uneasy with expense of property, attorney

    By Kara Chalmers

    The Saratoga Fire District has hired a special attorney to help take over the property at 20473 Saratoga-Los Gatos Road, in back of the fire station.

    The vacant building, which used to house Contempo Realty Inc. and before that a bank, and its surrounding land play a role in the district's plans for a new fire station. But the rank and file firefighters say they wish the district would delay purchasing the property and paying for a special attorney, until after the ongoing study of the district's fire and medical services is completed within the next few months.

    In December, the district filed suit against property owner Charles Hackett, claiming eminent domain. Hackett did not respond to the district's offer of $1.3 million--the property's highest appraised value--for his building, according to district commissioner Bob Egan. Egan said Hackett will receive market value for the property and, since the district is claiming eminent domain, Hackett will receive tax benefits.

    The district had to prove it was taking the property for a public purpose. It also had to offer the highest appraisal value for the property, to claim eminent domain, said attorney Robert Booth Jr., who represents the district on a regular basis. The two parties will go to court in the fall, when a judge will decide how much to compensate Hackett for his property, Booth said.

    Saratoga voters went to the polls April 11 to decide on a $6 million bond measure for a new fire station to be constructed at the old location. If the old location at 13850 Saratoga Ave. on the corner of Highway 9, is approved the district will need the back property to house fire fighters and equipment during construction, according to district officials.

    According to Egan, the building could later be used for administrative offices, or a large training room. The district could even demolish the building to make room for more parking, Booth said.

    On March 23, the district hired Norman E. Matteoni, an attorney who specializes in eminent domain cases, to represent the district at a maximum of $300 per hour. Egan said the total amount of his services could be anywhere between $5,000 and $20,000 and that the funds would come directly from the district's budget.

    Union president, Captain Bill Morrison, said that the consulting group DMG Maximus is still studying the district's level of service. He doesn't see the need to spend money now on the property and on hiring Matteoni. Morrison and other union firefighters want to contract with the Santa Clara County Fire Department for, what they say would be better fire and medical services for Saratogans. According to Morrison, if the district ever contracts with the county, there might not be a need for the extra building at all.

    "I would like to see them wait to see what happens with the study," he said.

    But Egan said that if it turns out the district doesn't need the property, it could sell it and reduce the cost of the fire station bond measure for taxpayers. The $6 million measure includes the cost of purchasing the $1.3 million property. The three-member board of fire commissioners voted unanimously on the measure and said they could purchase the property with a loan that would be repaid, if and when the bond measure passed.

    Another reason the transaction has taken so long to complete is that the district has not yet been able to locate Hackett's former wife, who has filed a claim to the property, and to notify her of the district's wishes to purchase the property, according to Booth.

    "We're informed he owns the total property," Booth said, adding that Hackett's name only is on the title.



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